Related topics

Due Diligence

Duty to Take (reasonable) Care


Negligent Words and Negligent Acts

Res Ipsa Loquitur (occurrence of an accident implies negligence)

Wilful Misconduct

Law and Sea.
Concept of Due Diligence

The concept of diligence goes back to the Roman law concept of diligentia, distinguishing two main types of diligence: diligentia quam suis rebus, or the care that an ordinary person exercises in managing his or her own affairs, and diligentia exactissima or diligentia boni patrisfamilia, a more exacting type of care exercised by the head of a family.

Last updated: 21-Jun-2015

‘Reasonable man test’ given in Blyth v Birmingham Waterworks (1856) 11 Ex R781 by Alderson B at p.784:

Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. The defendants might have been liable for negligence, if, unintentionally, they omitted to do that which a reasonable person would have done, or did that which a person taking reasonable precautions would not have done.

Scriven Brothers & Co v Hindley & Co [1913] 3 KB 564, per A. T. Lawrence J:

A buyer when he examines a sample does so for his own benefit and not in the discharge of any duty to the seller; the use of the word 'negligence' in such a connection is entirely misplaced, it should be reserved for cases of want of due care where some duty is owed by one person to another.

Blue Anchor Line Ltd. v Alfred C. Toepfer International (The Union Amsterdam) [1982] 2 Lloyd’s Rep. 432 per Parker J at p.435:

I should add, however, that whereas here there was no submission to the arbitrator that there was no evidence which could in law justify a finding of negligence, a party who seeks to challenge a finding that there was can very rarely succeed.

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